Requires the arraignment of undocumented citizens who have committed violent crimes to occur within twenty-four hours and to determine at such arraignment whether such undocumented citizen shall be placed in the custody of federal immigration authorities or remain in the custody of the state.
STATE OF NEW YORK
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5930
2025-2026 Regular Sessions
IN SENATE
March 4, 2025
___________
Introduced by Sen. MARTINS -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to requiring the
arraignment of undocumented citizens who have committed certain crimes
to occur within twenty-four hours and to determine at such arraignment
whether such undocumented citizen shall be placed in the custody of
federal immigration authorities or remain in the custody of the state
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 170.10 of the criminal procedure law is amended by
2 adding a new subdivision 8-b to read as follows:
3 8-b. Where an information, a simplified information, a prosecutor's
4 information, a misdemeanor complaint, a felony complaint or an indict-
5 ment charges any crime set forth in title H of part three of the penal
6 law, and the defendant is an undocumented citizen, the arraignment hear-
7 ing shall occur within twenty-four hours. Such arraignment hearing shall
8 include, in addition to any other requirements set forth in this
9 section, a determination of whether the defendant shall be remanded to
10 the custody of federal immigration authorities or remain in the custody
11 of the state.
12 § 2. This act shall take effect on the thirtieth day after it shall
13 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09754-01-5
